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PHOENIX v. MATESANZ

No. 98-2048.

189 F.3d 20 (1999)

Kenneth P. PHOENIX, Petitioner, Appellant, v. James MATESANZ, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided August 19, 1999.

Attorney(s) appearing for the Case

Robert L. Sheketoff with whom Sheketoff & Homan was on brief for appellant.

William J. Meade, Assistant Attorney General, Commonwealth of Massachusetts, with whom Thomas F. Reilly, Attorney General, Commonwealth of Massachusetts, was on brief for appellee.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and SELYA, Circuit Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

Kenneth P. Phoenix appeals from the district court's denial of his petition for habeas corpus relief from his 1988 murder conviction. We affirm the district court's determination that Phoenix's claim of ineffective assistance of counsel was not procedurally barred. As to the merits of the ineffective assistance claim, we remand to the district court for further proceedings consistent with this opinion.

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